Does the right to housing belong in Canada’s Charter of Rights and Freedoms?

This week, the Ontario Court of Appeal is hearing an appeal of the 2013 court decision in Tanudjaja et. al. v. Attorney General (Canada) et al. dismissing an application — of four individuals who identified as homeless, together with the Centre for Equality Rights in Accommodation (the Applicants) — concerning the right to housing. The application in Tanudjaja asked the Ontario Superior Court of Justice to, among other things, make a declaration that the Government of Canada’s and the Government of Ontario’s failure to implement a national and provincial housing strategy violates the federal and provincial government’s obligations under sections 7 and 15(1) of the Charter of Rights and Freedoms (the Charter). By seeking this declaration, the application put the issue of whether social and economic rights are embodied in the Charter squarely in front of the court.